(By authority conferred on the department of licensing and regulatory affairs by  
section 9 of the Executive organization act of 1965, 1965 PA 380, MCL 16.109, and  
sections 10 and 13 of the adult foster care facility licensing act, 1979 PA 218, MCL  
400.710 and MCL 400.713, and Executive Reorganization Orders Nos. 1996-1, 1996-2,  
2003-1, 2008-4, 2011-4, and 2015-1, MCL 330.3101, 445.2001, 445.2011, 445.2025,  
445.2030, and 400.227)  
R 400.15101 Scope.  
Rule 101. This part applies to all adult foster care large group homes that are  
licensed or proposed for 13 to 20 persons.  
History: 1994 AACS.  
R 400.15102 Definitions.  
Rule 102. (1) As used in these rules:  
(a) "Act" means the adult foster care facility licensing act, 1979 PA 218, MCL  
400.701 to 400.737.  
(b) "Administrator" means the individual that is designated by the licensee to be  
responsible for the daily operation and management of the adult foster care large group  
home. The administrator may be the licensee.  
(c) "Admission policy" means a home's public statement of its purpose, eligibility  
requirements for admission, and application procedures for admission.  
(d) "Assessment plan" means a written statement that is prepared in cooperation  
with a responsible agency or individual that identifies the specific care and maintenance,  
services, and resident activities appropriate for each individual resident's physical and  
behavioral needs and well-being and the methods of providing the care and services,  
taking into account the preferences and competency of the individual.  
(e) "Assistive device" means the use of an item such as a pillow, pad, or medically  
supplied therapeutic support that is intended to achieve or maintain the proper position,  
posture, or balance of a resident. An assistive device may also be an item that is intended  
to promote, achieve, or maintain the resident's independence. Anything that is used with  
the intent to restrain a resident and that does not permit the resident to remove the device  
by himself or herself is a restraint and is not an assistive device.  
(f) "Capacity" means the maximum number of residents that a home is licensed for.  
(g) "Department" means the department of licensing and regulatory affairs.  
Page 1  
(h) "Designated representative" means the individual or agency that has been  
granted written authority, by a resident, to act on behalf of the resident or that is the legal  
guardian of a resident.  
(i) "Direct care staff" means the adult that is designated by the licensee to provide  
personal care, protection, and supervision to residents.  
(j) "Discharge policy" means a home's written statement of the conditions and  
procedures that a resident is discharged from the home by.  
(k) "Elopement" means a resident that has a service plan that requires notice or  
arranged supervision to leave the facility and is absent without notice or supervision.  
(l) "Health care appraisal" means a licensed physician's, licensed physician  
assistant's, or registered nurse's statement that provides an assessment of the general  
physical condition of a resident.  
(m) "Home" means an adult foster care large group home.  
(n) "House rules" means those rules that are established by the licensee and that set  
expectations for resident conduct.  
(o) "Incident" means an intentional or unintentional event where a resident sustains  
physical or emotional harm, unexpected or unnatural death, is displaced by a natural  
disaster, or elopes.  
(p) "Isolation" means the complete and unattended separation of a resident from  
staff and other residents.  
(q) "Members of the household" means all individuals that live in the home,  
exclusive of residents.  
(r) "Occupants" means all individuals that live in the home.  
(s) "Physical restraint" means the bodily holding of a resident with no more force  
than is necessary to limit the resident's movement.  
(t) "Premises" means the home, grounds, and all other appurtenances.  
(u) "Program statement" means a written description of the home's program that  
must, at a minimum, include the following:  
(i) The population to be served.  
(ii) Program goals, services, in addition to those provided in the home, and  
community resources to meet the residents' needs.  
(iii) Services to be provided in the home to the residents, including a description of  
the types of staff competencies that are necessary to carry out these services.  
(iv) A description of any contract agreement that services and programs are  
provided through.  
(v) "Related" means any of the following relationships by marriage, blood, or  
(i) Spouse.  
(ii) Child.  
(iii) Parent.  
(iv) Brother.  
(v) Sister.  
(vi) Grandparent.  
(vii) Aunt.  
(viii) Uncle.  
(ix) Stepparent.  
Page 2  
(x) Stepbrother.  
(xi) Stepsister.  
(xii) Cousin.  
(w) "Resident" means an adult, as that term is defined in section 3 of the act, MCL  
(x) "Resident funds" means any money, securities, bonds, or stocks that are  
received by a licensee from, or on behalf of, a resident. Resident funds includes all of the  
(i) Payment for adult foster care services.  
(ii) Personal allowance.  
(iii) Money held as a trust obligation.  
(iv) Money in accounts with financial institutions.  
(y) "Responsible agency" means a public or private organization that, after written  
agreement with a resident or the resident's designated representative, provides either or  
both of the following:  
(i) Assessment planning and the establishment of an individual plan of service.  
(ii) Maintenance of ongoing follow-up services while the resident is in the home.  
(z) "Street floor" means any story or floor level that is accessible from the street or  
from outside the building at grade and, at the main entrance, is not more than 21 inches  
above, nor more than 12 inches below, street or grade level at those points.  
(aa) "Substantial risk" means that a resident's behavior poses a serious imminent  
threat of bodily harm to himself or herself or others or the threat of the destruction of  
property, and the resident is capable of carrying out such harm or destruction.  
(bb) "Transportation services" means vehicle travel by public or private carrier and  
related cost to and from program resources in the community, including consultation,  
medical, and other services.  
(cc) "Valuables" means personal property of a resident, including jewelry, furniture,  
electronic equipment, appliances, and clothing items that have a value of more than  
(2) Terms defined in the act have the same meanings when used in these rules.  
History: 1994 AACS; 2023 MR 11, Eff. June 9, 2023.  
R 400.15103 Licenses; required information; fee; effect of failure to cooperate  
with inspection or investigation; posting of license; reporting of changes in  
Rule 103. (1) An applicant for an adult foster care large group home license shall  
make available at the facility, or for the department's inspection and copying of all of  
the following items:  
(a) A current written admission policy and program statement.  
(b) Copies of all of the following:  
(i) Personnel policies.  
(ii) Job descriptions.  
(iii) Standard or routine procedures.  
(iv) Proposed staffing patterns.  
(v) An organizational chart.  
Page 3  
(c) A copy of any current agreement or contract between the applicant or licensee,  
agency, person, or organization that provides or proposes to provide funding, care,  
treatment, or supplemental services as described in the home's program statement.  
(d) A current floor plan of each level and basement of the entire structure,  
including the interior layout of foster care areas and room descriptions and specifics as  
to use, the number of beds, and the dimensions of floor space.  
(e) A current financial statement and a proposed biennial budget.  
(f) Verification of the lease, ownership, or right to occupy arrangements.  
(g) Current articles of incorporation, a letter of authorization from the board of  
directors that designates the individual who is authorized to act on behalf of the  
corporation on licensing matters, a current list of the corporate directors,  
applicable, and a certificate of incorporation.  
(h) A current credit history for noncorporate applicants.  
(2) A license fee shall accompany an original license application and a license  
renewal application. This fee is nonrefundable.  
(3) The failure of an applicant or licensee to cooperate with the department in  
connection with an inspection or investigation shall be grounds for denying,  
suspending, revoking, or refusing to renew a license.  
(4) The current license, whether regular, provisional, or temporary, shall be  
posted in the home and shall be available for public inspection.  
(5) An applicant or licensee shall give written notice to the department of any  
changes in information that was previously submitted in or with an application for a  
license, including any changes in the household and in personnel-related information,  
within 5 business days after the change occurs.  
History: 1994 AACS.  
R 400.15104 Licensee and applicant rights.  
Rule 104. (1) A licensee or an applicant shall have the right to be treated with  
courtesy, dignity, and fairness by the adult foster care licensing division staff of the  
department and shall not be discriminated against on the basis of race, religion, color,  
national origin, sex, age, handicap, height, weight, or marital status.  
(2) The department shall provide a licensee or an applicant with written notice  
regarding appeal rights as provided by Act No. 306 of the Public Acts of 1969, as  
amended, being S24.201 et seq. of the Michigan Compiled Laws, and the act when there  
is official notification of the intent to take an adverse action against an applicant or a  
(3) A licensee or an applicant shall be informed of, and shall have the right to bring  
to the attention of the supervisor of the licensing representative, any alleged  
misapplication of enforcement of regulations by a licensing representative or any  
substantial differences of opinion as may occur between the licensee or the applicant  
and any licensing representative concerning the proper application of the act or these  
rules. A meeting with the supervisor shall be afforded upon request. This subrule  
notwithstanding, the licensee or the applicant may contact any other official of the  
department regarding issues relating to the licensing activities of the department. Any  
Page 4  
contact with the supervisor or any other departmental official shall not result in any  
retaliation by the licensing representative.  
(4) All written communications, scheduled and unscheduled visits, routine  
licensing investigations, and complaint investigations shall be conducted according to  
the provisions of the act and these rules.  
(5) A licensee or an applicant may request, pursuant to the provisions of Act No.  
442 of the Public Acts of 1976, as amended, being S15.231 et seq. of the Michigan  
Compiled Laws, copies of department policies or other documents that govern the  
licensing activities of the department.  
(6) A licensee or an applicant shall be afforded the opportunity to have a conference  
with the licensing representative before the conclusion of a routine licensing  
investigation or complaint investigation and, as soon as practicable thereafter, shall  
receive a written response that indicates the findings of the licensing representative  
or any other licensing official.  
(7) A licensee or an applicant shall have the right to review a licensing study  
report in which refusal to renew, revocation, or denial of license issuance is being  
recommended before that report is finalized, except in situations where the department  
finds cause to invoke a summary suspension action. The licensee or the applicant shall  
have the right to submit a written response. The written response shall be considered a  
part of the official record and shall be subject to disclosure pursuant to the provisions of  
Act No. 442 of the Public Acts of 1976, as amended, being S15.231 et seq. of the  
Michigan Compiled Laws.  
(8) A licensee or an applicant shall have the right to provide a written response to  
the findings of the licensing representative or other department official if a licensing  
investigation report or a complaint investigation report is issued. The written response  
shall become a part of the department's official licensing record and shall be public  
information according to the provisions of Act No. 442 of the Public Acts of 1976, as  
amended, being S15.231 et seq. of the Michigan Compiled Laws, and the act.  
(9) A licensee or an applicant may request, in writing, a declaratory ruling as to the  
applicability of a rule as provided in section 63 of Act No. 306 of the Public Acts of  
1969, as amended, being S24.263 of the Michigan Compiled Laws.  
(10) The department shall provide advice and technical assistance to the licensee or  
the applicant to assist the licensee in meeting the requirements of the act and these  
rules. The department shall offer consultation upon request in developing methods for  
the improvement of service.  
(11) The department shall provide a licensee or an applicant with a written copy  
of the rights outlined in subrules (1) to (10) of this rule at the time of license application  
or license renewal.  
History: 1994 AACS.  
R 400.15105 Licensed capacity.  
Rule 105. (1) The number of residents cared for in a home and the number of  
resident beds shall not be more than the capacity that is authorized by the license.  
(2) Any occupant of a home other than the licensee or persons who are related to  
the licensee, live-in staff or the live-in staff's spouse and minor children, or the spouse  
Page 5  
of a resident who is not in need of foster care shall be considered a resident and be  
counted as a part of the licensed capacity.  
(3) The total number of occupants shall not be more than 6 over the licensed  
(4) If a person who is related to a resident lives in the home and subsequently  
requires foster care, the licensee shall have not more than 30 calendar days to return to  
the licensed capacity. Failure to do so may result in the department's refusal to renew a  
license, revocation of the license, or the issuance of a provisional license.  
History: 1994 AACS.  
R 400.15106 Rule variance.  
Rule 106. (1) Upon the written request of an applicant or licensee, the department  
may grant a variance from an administrative rule if there is clear and convincing  
evidence that the alternative to the rule complies with the intent of the administrative  
rule from which the variance is sought.  
(2) The decision of the department, including the conditions under which the  
variance is granted, shall be entered upon the records of the department, and a  
signed copy shall be sent to the applicant or licensee. This variance may be time-limited  
or may remain in effect for as long as the licensee continues to comply with the intent of  
the rule.  
(3) A variance that is granted pursuant to this rule is not transferable from one  
applicant to another or from one licensee to another.  
History: 1994 AACS.  
R 400.15201 Qualifications of administrator, direct care staff, licensee,  
and members of household; provision of names of employee, volunteer, or  
member of household on parole or probation or convicted of felony; food service  
Rule 201. (1) An administrator and direct care staff shall be persons who are not  
(2) A licensee shall have the financial and administrative capability to operate a  
home to provide the level of care and program stipulated in the application.  
(3) Before a temporary license is issued, an applicant and an administrator  
shall be competent in all of the following areas:  
(a) Nutrition.  
(b) First aid.  
(c) Cardiopulmonary resuscitation.  
(d) Foster care, as defined in the act.  
(e) Safety and fire prevention.  
(f) Financial and administrative management.  
Page 6  
(g) Knowledge of the needs of the population to be served.  
(h) Resident rights.  
(i) Prevention and containment of communicable diseases.  
(4) An applicant and an administrator shall be deemed competent to operate a  
home upon successfully completing 1 or more of the following:  
(a) Training that is developed, approved, or provided by the department.  
(b) A competency review that is developed by the department to be given to the  
applicant and administrator during the licensing process by the licensing agent.  
(c) A program of study at an accredited college or university in areas relevant to  
the applicant's admission policy and program statement.  
(d) Experience that is related to the direct care of residents in areas that are relevant  
to the populations which are identified in the home's admission policy and program  
(5) An administrator who is designated by the licensee after the promulgation  
of these rules shall meet the requirements of subrule (4) of this rule.  
(6) A licensee and the administrator shall have a high school diploma or general  
education diploma or equivalent and not less than 1 year of experience working with  
the population identified in the home's program statement and admission policy.  
(7) The provisions of subrule (6) of this rule shall not apply to those adult foster  
care licensees or administrators who are licensed, or applying to be licensed, before  
the promulgation of these rules.  
(8) The provisions of subrule (6) of this rule shall not apply to an individual who  
is employed as an administrator of a home that was licensed before the promulgation of  
these rules.  
(9) A licensee and the administrator shall possess all of the following qualifications:  
(a) Be suitable to meet the physical, emotional, social, and intellectual needs  
of each resident.  
(b) Be capable of appropriately handling emergency situations.  
(c) Be capable of assuring program  
implementation of services to residents consistent with the home's program statement and  
in accordance with the resident's assessment plan and care agreement.  
(10) All members of the household, employees, and those volunteers who are under  
the direction of the licensee shall be suitable to assure the welfare of residents.  
(11) A licensee, direct care staff, and an administrator shall be willing to  
cooperate fully with a resident, the resident's family, a designated representative of  
the resident and the responsible agency.  
(12) A licensee, direct care staff, administrator, or members of the household shall  
not be the legal guardian or conservator of a resident who lives in the home, except if a  
person is a relative of the resident or if the guardianship or conservatorship of the  
licensee existed before April 1, 1989, as specified in section 454 of Act No. 642 of the  
Public Acts of 1978, as amended, being S700.454 of the Michigan Compiled Laws.  
(13) A licensee shall provide the department with the name of any employee,  
volunteer who is under the direction of the licensee, or member of the household who is  
on a court-supervised probation or parole or who has been convicted of a felony.  
Page 7  
(14) A licensee shall employ at least 1 individual who is qualified by training,  
experience, and performance to be responsible for food preparation. Additional  
food service staff shall be employed as necessary to ensure regular and timely meals.  
History: 1994 AACS.  
R 400.15202 Administrator; qualifications.  
Rule 202. (1) A home shall have an administrator who shall not have less than 1  
year of experience working with persons who are mentally ill, developmentally  
disabled, physically handicapped, or aged.  
(2) A licensee who meets the qualifications of an administrator may serve as an  
History: 1994 AACS.  
R 400.15203 Licensee and administrator training requirements.  
Rule 203. (1) A licensee and an administrator shall complete the following  
educational requirements specified in subdivision (a) or (b) of this subrule, or a  
combination thereof, on an annual basis:  
(a) Participate in, and successfully complete, 16 hours of training designated or  
approved by the department that is relevant to the licensee's admission policy and  
program statement.  
(b) Have completed 6 credit hours at an accredited college or university in an area  
that is relevant to the licensee's admission policy and program statement as approved by  
the department.  
(2) The department may prescribe additional training if substantial  
noncompliance with the act or these rules is evident.  
History: 1994 AACS.  
R 400.15204 Direct care staff; qualifications and training.  
Rule 204. (1) Direct care staff shall not be less than 18 years of age and shall be  
able to complete required reports and follow written and oral instructions that are related  
to the care and supervision of residents.  
(2) Direct care staff shall possess all of the following qualifications:  
(a) Be suitable to meet the physical, emotional, intellectual, and social needs of  
each resident.  
(b) Be capable of appropriately handling emergency situations.  
(3) A licensee or administrator shall provide in-service training or make training  
available through other sources to direct care staff. Direct care staff shall be competent  
before performing assigned tasks, which shall include being competent in all of the  
following areas:  
(a) Reporting requirements.  
(b) First aid.  
Page 8  
(c) Cardiopulmonary resuscitation.  
(d) Personal care, supervision, and protection.  
(e) Resident rights.  
(f) Safety and fire prevention.  
(g) Prevention and containment of communicable diseases.  
History: 1994 AACS.  
R 400.15205 Health of a licensee, direct care staff, administrator, other  
employees, those volunteers under the direction of the licensee, and members of the  
Rule 205. (1) A licensee, direct care staff, administrator, other employees, those  
volunteers under the direction of the licensee, and members of the household shall be  
in such physical and mental health so as not to negatively affect either the health of the  
resident or the quality of the resident's care.  
(2) A licensee shall have, on file with the department, a statement that is signed by a  
licensed physician or his or her designee attesting to the physician's knowledge of the  
physical health of the licensee and administrator. The statement shall be signed within  
6 months before the issuance of a temporary license and at any other time requested  
by the department.  
(3) A licensee shall maintain, in the home, and make available for department  
review, a statement that is signed by a licensed physician or his or her designee attesting  
to the physician's knowledge of the physical health of direct care staff, other  
employees, and members of the household. The statement shall be obtained within  
30 days of an individual's employment, assumption of duties, or occupancy in the  
(4) A licensee shall provide the department with written evidence that he or she  
and the administrator have been tested for communicable tuberculosis and that if the  
disease is present, appropriate precautions shall be taken. The results of subsequent  
testing shall be verified every 3 years thereafter.  
(5) A licensee shall obtain written evidence, which shall be available for  
department review, that each direct care staff, other employees and members of the  
household have been tested for communicable tuberculosis and that if the disease is  
present, appropriate precautions shall be taken as required by state law. Current testing  
shall be obtained before an individual's employment, assumption of duties, or  
occupancy in the home. The results of subsequent testing shall be verified every 3  
years thereafter or more frequently if necessary.  
(6) A licensee shall annually review the health status of the administrator,  
direct care staff, other employees and members of the household. Verification of  
annual reviews shall be maintained by the home and shall be available for department  
(7) A licensee shall obtain certification from a volunteer that the volunteer is free  
from communicable disease and that the volunteer's physical and mental health will  
not negatively affect either the health of the resident or the quality of the residents care.  
History: 1994 AACS.  
Page 9  
R 400.15206 Staffing requirements.  
Rule 206. (1) The ratio of direct care staff to residents shall be adequate as  
determined by the department, to carry out the responsibilities defined in the act  
and in these rules and shall not be less than 1 direct care staff to 15 residents during  
waking hours or less than 1 direct care staff member to 20 residents during normal  
sleeping hours.  
(2) A licensee shall have sufficient direct care staff on duty at all times for the  
supervision, personal care, and protection of residents and to provide the services  
specified in the resident's resident care agreement and assessment plan.  
(3) Any individual, including a volunteer, shall not be considered in determining  
the ratio of direct care staff to residents unless the individual meets the qualifications  
of a direct care staff member.  
(4) Direct care staff need not be in the home during the day if all of the residents of  
the home are at out-of-home supervised activities and the home has provided the means  
by which a direct care staff member or administrator can be contacted in an  
emergency situation.  
(5) A licensee or administrator shall designate, in writing, a person who shall be  
on-site or immediately available and who shall have the authority to carry out the  
licensee's or administrator's responsibilities in the absence of the licensee or  
administrator and shall ensure that the identity of the designated person is made known  
to all staff.  
History: 1994 AACS.  
R 400.15207 Required personnel policies.  
Rule 207. (1) A licensee shall have written policies and procedures that include all  
of the following:  
(a) Mandatory reporting, including reporting that is required by law.  
(b) Resident care related prohibited practices.  
(c) Confidentiality requirements, including requirements specified in law.  
(d) Training requirements.  
(e) Resident rights.  
(f) The process for reviewing the licensing statute and administrative rules.  
(2) The written policies and procedures identified in subrule (1) of this rule shall  
be given to employees and volunteers at the time of appointment. A verification of  
receipt of the policies and procedures shall be maintained in the personnel records.  
(3) A licensee shall have a written job description for each position. The job  
description shall define the tasks, duties, and responsibilities of the position. Each  
employee and volunteer who is under the direction of the licensee shall receive a copy  
of his or her job description. Verification of receipt of a job description shall be  
maintained in the individual's personnel record.  
(4) Work assignments shall be consistent with job descriptions and the level of  
training, experience, and education of the employee or volunteer.  
Page 10  
History: 1994 AACS.  
R 400.15208 Direct care staff and employee records.  
Rule 208. (1) A licensee shall maintain a record for each employee. The record  
shall contain all of the following employee information:  
(a) Name, address, telephone number, and social security number.  
(b) The professional or vocational license, certification, or registration  
number, if applicable.  
(c) A copy of the employee's driver license if a direct care staff member or  
employee provides transportation to residents.  
(d) Verification of the age requirement.  
(e) Verification of experience, education, and training.  
(f) Verification of reference checks.  
(g) Beginning and ending dates of employment.  
(h) Medical information, as required.  
(i) Required verification of the receipt of personnel policies and job descriptions.  
(2) The records identified in subrule (1) of this rule shall be maintained for not  
less than 3 years after the direct care staff member's or employee's ending date of  
(3) A licensee shall maintain a daily schedule of advance work assignments,  
which shall be kept for 90 days. The schedule shall include all of the following  
(a) Names of all staff on duty and those volunteers who are under the direction of  
the licensee.  
(b) Job titles.  
(c) Hours or shifts worked.  
(d) Date of schedule.  
(e) Any scheduling changes.  
History: 1994 AACS.  
R 400.15209 Home records generally.  
Rule 209. (1) A licensee shall keep, maintain, and make available for department  
review, all the following home records:  
(a) Admission policy.  
(b) Program statement.  
(c) Discharge policy.  
(d) Resident records.  
(e) A resident register.  
(f) Resident care contracts, if applicable.  
(g) Accident records and incident reports.  
(h) Personnel records, as required in R 400.15208.  
(i) Personnel policies and procedures as required in R 400.15207.  
(j) Program certifications, if applicable.  
(k) Fire drill records.  
Page 11  
(l) Emergency preparedness plans.  
(m) Reports of fire or severe property damage.  
(n) Records of variances granted, if applicable.  
(o) Heating equipment inspection and approval records, if applicable.  
(p) Fire detection and sprinkler equipment inspection and approval records, if  
(q) Electrical inspection records, if applicable.  
(r) Fire safety reports from the department or the state fire marshal, as required by  
(s) Environmental inspection reports, as required by law.  
(t) Menus.  
(2) A licensee shall keep a record of the arrangements for services for the  
emergency repair of heating, cooling, plumbing, and electrical equipment. The  
record shall include a list of persons to contact and shall be available for reference in the  
History: 1994 AACS.  
R 400.15210 Resident register.  
Rule 210. A licensee shall maintain a chronological register of residents who  
are admitted to the home. The register shall include all of the following information for  
each resident:  
(a) Date of admission.  
(b) Date of discharge.  
(c) Place and address to which the resident moved, if known.  
History: 1994 AACS.  
R 400.15301  
Resident admission criteria; resident assessment plan;  
emergency admission; resident care agreement; physician's instructions; health  
care appraisal.  
Rule 301. (1) A licensee shall not accept, retain, or care for a resident who  
requires continuous nursing care. This does not preclude the accommodation of a  
resident who becomes temporarily ill while in the home, but who does not require  
continuous nursing care.  
(2) A licensee shall not accept or retain a resident for care unless and until the  
licensee has completed a written assessment of the resident and determined that the  
resident is suitable pursuant to all of the following provisions:  
(a) The amount of personal care, supervision, and protection that is required by  
the resident is available in the home.  
(b) The kinds of services, skills, and physical accommodations that are required of  
the home to meet the resident's needs are available in the home.  
Page 12  
(c) The resident appears to be compatible with other residents and members of  
the household.  
(3) A group home shall not accept or retain a person who requires isolation or  
restraint as specified in R 400.15308.  
(4) At the time of admission, and at least annually, a written assessment plan  
shall be completed with the resident or the resident's designated representative, the  
responsible agency, if applicable, and the licensee. A licensee shall maintain a copy of  
the resident's written assessment plan on file in the home.  
(5) If a resident is referred for emergency admission and the licensee agrees to  
accept the resident, a written assessment plan shall be completed within 15 calendar  
days after the emergency admission. The written assessment shall be completed in  
accordance with the provisions specified in subrules (2) and (4) of this rule.  
(6) At the time of a resident's admission, a licensee shall complete a written  
resident care agreement. A resident care agreement is the document which is established  
between the resident or the resident's designated representative, the responsible  
agency, if applicable, and the licensee and which specifies the responsibilities of each  
party. A resident care agreement shall include all of the following:  
(a) An agreement to provide care, supervision, and protection, and to assure  
transportation services to the resident as indicated in the resident's written  
assessment plan and health care appraisal.  
(b) A description of services to be provided and the fee for the service.  
(c) A description of additional costs in addition to the basic fee that is charged.  
(d) A description of the transportation services that are provided for the basic fee  
that is charged and the transportation services that are provided at an extra cost.  
(e) An agreement by the resident or the resident's designated representative  
or responsible agency to provide necessary intake information to the licensee,  
including health-related information at the time of admission.  
(f) An agreement by the resident or the resident's designated representative to  
provide a current health care appraisal as required by subrule (10) of this rule.  
(g) An agreement by the resident to follow the house rules that are provided to  
him or her.  
(h) An agreement by the licensee to respect and safeguard the resident's rights and to  
provide a written copy of these rights to the resident.  
(i) An agreement between the licensee and the resident or the resident's designated  
representative to follow the home's discharge policy and procedures.  
(j) A statement of the home's refund policy. The home's refund policy shall meet  
the requirements of R 400.15315.  
(k) A description of how a resident's funds and valuables will be handled and  
how the incidental needs of the resident will be met.  
(l) A statement by the licensee that the home is licensed by the department to  
provide foster care to adults.  
(7) A department resident care agreement form shall be used unless prior  
authorization for a substitute form has been granted, in writing, by the department. A  
resident shall be provided the care and services as stated in the written resident care  
Page 13  
(8) A copy of the signed resident care agreement shall be provided to the resident  
or the resident's designated representative. A copy of the resident care agreement shall  
be maintained in the resident's record.  
(9) A licensee shall review the written resident care agreement with the resident or  
the resident's designated representative and responsible agency, if applicable, at least  
annually or more often if necessary.  
(10) At the time of the resident's admission to the home, a licensee shall require  
that the resident or the resident's designated representative provide a written  
health care appraisal that is completed within the 90-day period before the resident's  
admission to the home. A written health care appraisal shall be completed at least  
annually. If a written health care appraisal is not available at the time of an emergency  
admission, a licensee shall require that the appraisal be obtained not later than 30 days  
after admission. A department health care appraisal form shall be used unless prior  
authorization for a substitute form has been granted, in writing, by the department.  
(11) A licensee shall contact a resident's physician for instructions as to the care of  
the resident if the resident requires the care of a physician while living in the home.  
A licensee shall record, in the resident's record, any instructions for the care of the  
History: 1994 AACS.  
R 400.15302 Resident admission and discharge policy; house rules;  
emergency discharge; change of residency; restricting resident's ability to make  
living arrangements prohibited; provision of resident records at time of discharge.  
Rule 302. (1) A home shall have a written admission and discharge policy. The  
policy shall be made available to a resident and his or her designated representative.  
(2) A licensee may establish house rules. House rules, if established, shall be  
provided, in writing, to the resident or the resident's designated representative and  
responsible agency upon admission to the home or, if established after a resident's  
admission to the home, immediately thereafter. House rules shall not conflict with  
these rules.  
(3) A licensee shall provide a resident and his or her designated representative  
with a 30-day written notice before discharge from the home. The written notice shall  
state the reasons for discharge. A copy of the written notice shall be sent to the  
resident's designated representative and responsible agency. The provisions of this  
subrule do not preclude a licensee from providing other legal notice as required by law.  
(4) A licensee may discharge a resident before the 30-day notice when the licensee  
has determined and documented that any of the following exists:  
(a) Substantial risk to the resident due to the inability of the home to meet the  
resident's needs or assure the safety and well-being of other residents of the home.  
(b) Substantial risk, or an occurrence, of self-destructive behavior.  
(c) Substantial risk, or an occurrence, of serious physical assault.  
(d) Substantial risk, or an occurrence, of the destruction of property.  
(5) A licensee who proposes to discharge a resident for any of the reasons listed  
in subrule (4) of this rule shall take the following steps before discharging the resident:  
Page 14  
(a) The licensee shall notify the resident, the resident's designated representative,  
the responsible agency, and the adult foster care licensing consultant not less than 24  
hours before discharge. The notice shall be in writing and shall include all of the  
following information:  
(i) The reason for the proposed discharge, including the specific nature of the  
substantial risk.  
(ii) The alternatives to discharge that have been attempted by the licensee.  
(iii) The location to which the resident will be discharged, if known.  
(b) The licensee shall confer with the responsible agency or, if the resident does  
not have a responsible agency, with adult protective services and the local  
community mental health emergency response service regarding the proposed discharge.  
If the responsible agency or, if the resident does not have a responsible agency, adult  
protective services does not agree with the licensee that emergency discharge is  
justified, the resident shall not be discharged from the home. If the responsible agency  
or, if the resident does not have a responsible agency, adult protective services agrees  
that the emergency discharge is justified, then all of the following provisions shall apply:  
(i) The resident shall not be discharged until an appropriate setting that meets the  
resident's immediate needs is located.  
(ii) The resident shall have the right to file a complaint with the department.  
(iii) If the department finds that the resident was improperly discharged, the  
resident shall have the right to elect to return to the first available bed in the licensee's  
adult foster care home.  
(6) A licensee shall not change the residency of a resident from one home to  
another without the written approval of the resident or the resident's designated  
representative and responsible agency.  
(7) A licensee shall not restrict the resident's ability to make his or her own living  
(8) At the time of discharge, a licensee shall provide copies of resident records  
to the resident and his or her designated representative when requested, and as  
determined appropriate, by the resident or his or her designated representative. A fee  
that is charged for copies of resident records shall not be more than the cost to the  
licensee of making the copies available.  
History: 1994 AACS.  
R 400.15303 Resident care; licensee responsibilities.  
Rule 303. (1) Care and services that are provided to a resident by the home shall be  
designed to maintain and improve a resident's physical and intellectual functioning and  
independence. A licensee shall ensure that all interactions with residents promote  
cooperation, self-esteem, self-direction, independence, and  
(2) A licensee shall provide supervision, protection, and personal care as defined in  
the act and as specified in the resident's written assessment plan.  
(3) A licensee shall assure the availability of transportation services as provided for  
in the resident care agreement.  
(4) A licensee shall provide all of the following:  
Page 15  
(a) An opportunity for the resident to develop positive social skills.  
(b) An opportunity for the resident to have contact with relatives and friends.  
(c) An opportunity for community-based recreational activities.  
(d) An opportunity for privacy and leisure time.  
(e) An opportunity for religious education and attendance at religious services of  
the resident's choice.  
(5) A licensee shall provide both of the following when specified in the resident's  
written assessment plan:  
(a) Direction and opportunity for the growth and development of a resident as  
achieved through activities that foster independent and age appropriate functioning,  
such as dressing, grooming, manners, shopping, cooking, money management, and the  
use of public transportation.  
(b) An opportunity for involvement in educational, employment, and day  
History: 1994 AACS.  
R 400.15304 Resident rights; licensee responsibilities.  
Rule 304. (1) Upon a resident's admission to the home, a licensee shall inform a  
resident or the resident's designated representative of, explain to the resident or the  
resident's designated representative, and provide to the resident or the resident's  
designated representative, a copy of all of the following resident rights:  
(a) The right to be free from discrimination on the basis of race, religion, color,  
national origin, sex, age, handicap, marital status, or source of payment in the provision  
of services and care.  
(b) The right to exercise his or her constitutional rights, including the right to vote,  
the right to practice religion of his or her choice, the right to freedom of movement, and  
the right of freedom of association.  
(c) The right to refuse participation in religious practices.  
(d) The right to write, send, and receive uncensured and unopened mail at his or  
her own expense.  
(e) The right of reasonable access to a telephone for private communications.  
Similar access shall be granted for long distance collect calls and calls which otherwise  
are paid for by the resident. A licensee may charge a resident for long distance and toll  
telephone calls. When pay telephones are provided in group homes, a reasonable  
amount of change shall be available in the group home to enable residents to make  
change for calling purposes.  
(f) The right to voice grievances and present recommendations pertaining to the  
policies, services, and house rules of the home without fear of retaliation.  
(g) The right to associate and have private communications and consultations  
with his or her physician, attorney, or any other person of his or her choice.  
(h) The right to participate in the activities of social, religious, and community  
groups at his or her own discretion.  
(i) The right to use the services of advocacy agencies and to attend other  
community services of his or her choice.  
Page 16  
(j) The right of reasonable access to and use of his or her personal clothing and  
(k) The right to have contact with relatives and friends and receive visitors in the  
home at a reasonable time. Exceptions shall be covered in the resident's assessment plan.  
Special consideration shall be given to visitors coming from out of town or whose  
hours of employment warrant deviation from usual visiting hours.  
(l) The right to employ the services of a physician, psychiatrist, or dentist of his or  
her choice for obtaining medical, psychiatric, or dental services.  
(m) The right to refuse treatment and services, including the taking of medication,  
and to be made aware of the consequences of that refusal.  
(n) The right to request and receive assistance from the responsible agency in  
relocating to another living situation.  
(o) The right to be treated with consideration and respect, with due recognition of  
personal dignity, individuality, and the need for privacy.  
(p) The right of access to his or her room at his or her own discretion.  
(q) The right to confidentiality of records as stated in section 12(3) of the act.  
(2) A licensee shall respect and safeguard the resident's rights specified in  
subrule (1) of this rule.  
History: 1994 AACS.  
R 400.15305 Resident protection.  
Rule 305. (1) A resident shall be assured privacy and protection from moral,  
social, and financial exploitation.  
(2) All work that is performed by a resident shall be in accordance with the written  
assessment plan.  
(3) A resident shall be treated with dignity and his or her personal needs,  
including protection and safety, shall be attended to at all times in accordance with the  
provisions of the act.  
History: 1994 AACS.  
R 400.15306 Use of assistive devices.  
Rule 306. (1) An assistive device shall only be used to promote the enhanced  
mobility, physical comfort, and well-being of a resident.  
(2) An assistive device shall be specified in a resident's written assessment plan  
and agreed upon by the resident or the resident's designated representative and the  
(3) Therapeutic supports shall be authorized, in writing, by a licensed physician.  
The authorization shall state the reason for the therapeutic support and the term of the  
History: 1994 AACS.  
Page 17  
R 400.15307 Resident behavior interventions generally.  
Rule 307. (1) A licensee shall ensure that methods of behavior intervention  
are positive and relevant to the needs of the resident.  
(2) Interventions to address unacceptable behavior shall be specified in the written  
assessment plan and employed in accordance with that plan. Interventions to address  
unacceptable behavior shall also ensure that the safety, welfare, and rights of the resident  
are adequately protected. If a specialized intervention is needed to address the unique  
programmatic needs of a resident, the specialized intervention shall be developed in  
consultation with, or obtained from, professionals who are licensed or certified in that  
scope of practice.  
(3) A licensee and direct care staff who are responsible for implementing the  
resident's written assessment plan shall be trained in the applicable behavior  
intervention techniques.  
(4) Intervention techniques shall not be used for the purpose of punishment,  
discipline, or for the convenience of staff.  
History: 1994 AACS.  
R 400.15308 Resident behavior interventions prohibitions.  
Rule 308. (1) A licensee shall not mistreat a resident and shall not permit the  
administrator, direct care staff, employees, volunteers who are under the direction of the  
licensee, visitors, or other occupants of the home to mistreat a resident. Mistreatment  
includes any intentional action or omission which exposes a resident to a serious risk  
or physical or emotional harm or the deliberate infliction of pain by any means.  
(2) A licensee, direct care staff, the administrator, members of the household,  
volunteers who are under the direction of the licensee, employees, or any person  
who lives in the home shall not do any of the following:  
(a) Use any form of punishment.  
(b) Use any form of physical force other than physical restraint as defined in  
these rules.  
(c) Restrain a resident's movement by binding or tying or through the use of  
medication, paraphernalia, contraptions, material, or equipment for the purpose of  
immobilizing a resident.  
(d) Confine a resident in an area, such as a room, where egress is prevented, in a  
closet, or in a bed, box, or chair or restrict a resident in a similar manner.  
(e) Withhold food, water, clothing, rest, or toilet use.  
(f) Subject a resident to any of the following:  
(i) Mental or emotional cruelty.  
(ii) Verbal abuse.  
(iii) Derogatory remarks about the resident or members of his or her family.  
(iv) Threats.  
(g) Refuse the resident entrance to the home.  
(h) Isolation of a resident as defined in R 400.15102(1)(m).  
(i) Any electrical shock device.  
History: 1994 AACS.  
Page 18  
R 400.15309 Crisis intervention.  
Rule 309. (1) Crisis intervention procedures may be utilized only when a person has  
not previously exhibited the behavior creating the crisis or there has been insufficient  
time to develop a specialized intervention plan to reduce the behavior causing the  
crisis. If the resident requires the repeated or prolonged use of crisis intervention  
procedures, the licensee shall contact the resident's designated representative and the  
responsible agency or, in the absence of a responsible agency, a professional who  
is licensed or certified in the appropriate scope of practice to initiate a review process  
to evaluate positive alternatives or the need for a specialized intervention plan.  
(2) Crisis intervention may be used only for the following reasons:  
(a) To provide for self-defense or the defense of others.  
(b) To prevent a resident from harming himself or herself.  
(c) To quell a disturbance that threatens physical injury to any person.  
(d) To obtain possession of a weapon or other dangerous object that is in the  
possession or control of the resident.  
(e) To prevent serious property destruction.  
(3) Crisis intervention shall be used to the minimum extent and the minimum  
duration necessary and shall be used only after less restrictive means of protection have  
(4) Crisis intervention shall be employed to allow the resident the greatest  
possible comfort and to avoid physical injury and mental distress.  
(5) Crisis intervention shall not be used as a routine intervention.  
(6) All uses of crisis intervention shall be noted in the resident's record. This  
notation shall include all of the following information:  
(a) The nature of the crisis intervention used and the duration of use.  
(b) The reasons for the use of the crisis intervention.  
(c) The types of less restrictive alternatives that were tried, the duration, the  
number of trials, and the results obtained.  
(d) The name of the person who authorized the crisis intervention.  
(e) The times and dates that the crisis intervention was used and who implemented  
the crisis intervention.  
(7) A licensee shall make available reports of all uses of crisis intervention  
when requested by the resident or his or her designated representative, the responsible  
agency, or the department.  
(8) A licensee or a direct care staff member shall not use crisis intervention  
until he or she has successfully completed crisis intervention training that has been  
approved by the department.  
History: 1994 AACS.  
R 400.15310 Resident health care.  
Rule 310. (1) A licensee, with a resident's cooperation, shall follow the  
instructions and recommendations of a resident's physician or other health care  
professional with regard to such items as any of the following:  
Page 19  
(a) Medications.  
(b) Special diets.  
(c) Susceptibility to hyperthermia and hypothermia and related limitations for  
physical activity, as appropriate.  
(d) Other resident health care needs that can be provided in the home. The refusal  
to follow the instructions and recommendations shall be recorded in the resident's  
(2) A licensee shall maintain a copy of the annual health care appraisal on file for  
not less than 2 years.  
(3) A licensee shall record the weight of a resident upon admission and monthly  
thereafter. Weight records shall be kept on file for 2 years.  
(4) In case of an accident or sudden adverse change in a resident's physical  
condition or adjustment, a group home shall obtain needed care immediately.  
History: 1994 AACS.  
R 400.15311 Incident notification, incident records.  
Rule 311. (1) If a resident has a representative identified in writing on the resident’s  
care agreement, a licensee shall report to the resident's representative within 48 hours  
after any of the following:  
(a) Unexpected or unnatural death of a resident.  
(b) Unexpected and preventable inpatient hospital admission.  
(c) Physical hostility or self-inflicted harm or harm to others resulting in injury that  
requires outside medical attention or law enforcement involvement.  
(d) Natural disaster or fire that results in evacuation of residents or discontinuation  
of services greater than 24 hours.  
(e) Elopement from the home if the resident’s whereabouts is unknown.  
(2) If an elopement occurs, staff shall conduct an immediate search to locate the  
resident. If the resident is not located within 30 minutes after the elopement occurred,  
staff shall contact law enforcement.  
(3) An incident must be recorded on a department-approved form and kept in the  
home for a period of not less than 2 years.  
(4) The department may review incident reports during a renewal inspection or  
special investigation. This does not prohibit the department from requesting an incident  
report when determined necessary by the department. If the department does request an  
incident report, the licensee shall provide the report in electronic form within 24 hours  
after the request. The department shall maintain and protect these documents in  
accordance with state and federal laws, including privacy laws.  
History: 1994 AACS; 2023 MR 11, Eff. June 9, 2023.  
R 400.15312 Resident medications.  
Rule 312. (1) Prescription medication, including dietary supplements, or individual  
special medical procedures shall be given, taken, or applied only as prescribed by a  
licensed physician or dentist. Prescription medication shall be kept in the original  
Page 20  
pharmacy-supplied container, which shall be labeled for the specified resident in  
accordance with the requirements of Act No. 368 of the Public Acts of 1978, as  
amended, being S333.1101 et seq. of the Michigan Compiled Laws, kept with the  
equipment to administer it in a locked cabinet or drawer, and refrigerated if required.  
(2) Medication shall be given, taken, or applied pursuant to label instructions.  
(3) Unless a resident's physician specifically states otherwise in writing, the  
giving, taking, or applying of prescription medications shall be supervised by the  
licensee, administrator, or direct care staff.  
(4) When a licensee, administrator, or direct care staff member supervises the  
taking of medication by a resident, he or she shall comply with all of the following  
(a) Be trained in the proper handling and administration of medication.  
(b) Complete an individual medication log that contains all of the following  
(i) The medication.  
(ii) The dosage.  
(iii) Label instructions for use.  
(iv) Time to be administered.  
(v) The initials of the person who administers the medication, which shall be  
entered at the time the medication is given.  
(vi) A resident's refusal to accept prescribed medication or procedures.  
(c) Record the reason for each administration of medication that is prescribed on  
an as needed basis.  
(d) Initiate a review process to evaluate a resident's condition if a resident requires  
the repeated and prolonged use of a medication that is prescribed on an as needed basis.  
The review process shall include the resident's prescribing physician, the resident or  
his or her designated representative, and the responsible agency.  
(e) Not adjust or modify a resident's prescription medication without instructions  
from a physician or a pharmacist who has knowledge of the medical needs of the  
resident. A licensee shall record, in writing, any instructions regarding a resident's  
prescription medication.  
(f) Contact the appropriate health care professional if a medication error occurs  
or when a resident refuses prescribed medication or procedures and follow and  
record the instructions given.  
(5) When a resident requires medication while out of the home, a licensee shall  
assure that the resident or, in the alternative, the person who assumes responsibility for  
the resident has all of the appropriate information, medication, and instructions.  
(6) A licensee shall take reasonable precautions to insure that prescription  
medication is not used by a person other than the resident for whom the medication was  
(7) Prescription medication that is no longer required by a resident shall be  
properly disposed of after consultation with a physician or a pharmacist.  
History: 1994 AACS.  
R 400.15313 Resident nutrition.  
Page 21  
Rule 313. (1) A licensee shall provide a minimum of 3 regular, nutritious  
meals daily. Meals shall be of proper form, consistency, and temperature. Not more  
than 14 hours shall elapse between the evening and morning meal.  
(2) Meals shall meet the nutritional allowances recommended pursuant to the  
provisions of "Appendix I: Recommended Dietary Allowances, Revised 1980"  
contained in the publication entitled "Basic Nutrition Facts: A Nutrition Reference,"  
Michigan Department of Public Health publication no. H-808, 1/89. This publication may  
be obtained at cost from The Division of Research and Development, Michigan  
Department of Public Health, P.O. Box 30195, Lansing, Michigan 48909.  
(3) Special diets shall be prescribed only by a physician. A resident who has been  
prescribed a special diet shall be provided such a diet.  
(4) Menus of regular diets shall be written at least 1 week in advance and posted.  
Any change or substitution shall be noted and considered as part of the original menu.  
(5) Records of menus, including special diets, as served shall be provided upon  
request by the department.  
(6) Records of menus, including special diets, shall be kept by the licensee for 1  
calendar year.  
History: 1994 AACS.  
R 400.15314 Resident hygiene.  
Rule 314. (1) A licensee shall afford a resident the opportunity, and instructions  
when necessary, for daily bathing and oral and personal hygiene. A licensee shall  
ensure that a resident bathes at least weekly and more often if necessary.  
(2) A licensee shall afford a resident facilities, and instructions when necessary, for  
daily shaving.  
(3) A licensee shall afford a resident opportunities, and instructions when  
necessary, to obtain haircuts, hair sets, or other grooming processes.  
(4) A licensee shall afford a resident opportunities, and instruction when  
necessary, to dress as fashion, fit, cleanliness, and season warrant.  
(5) A licensee shall afford a resident who is capable with opportunities, and  
instructions when necessary, to routinely launder clothing. Clean clothing shall be  
available at all times.  
(6) A licensee shall afford a resident the opportunity to receive assistance in  
bathing, dressing, or personal hygiene from a member of the same sex, unless otherwise  
stated in the home's admission policy or written resident care agreement.  
History: 1994 AACS.  
R 400.15315 Handling of resident funds and valuables.  
Rule 315. (1) Upon a request from a resident or the resident's designated  
representative, a licensee may accept a resident's funds and valuables to be held in trust  
with the licensee.  
(2) The care of any resident funds and valuables that have been accepted by a  
licensee for safekeeping shall be treated by the licensee as a trust obligation.  
Page 22  
(3) A licensee shall have a resident's funds and valuables transaction form  
completed and on file for each resident. A department form shall be used unless prior  
authorization for a substitute form has been granted, in writing, by the department.  
(4) A listing of all valuables that are accepted by the licensee for safekeeping shall  
be maintained. The listing of valuables shall include a written description of the items,  
the date received by the licensee, and the date returned to the resident or his or her  
designated representative. The listing of valuables shall be signed at the time of receipt  
by the licensee and the resident or his or her designated representative. Upon return of  
the valuables to the resident or his or her designated representative, the listing shall  
be signed by the resident or his or her designated representative and the licensee.  
(5) All resident funds, which includes bank accounts, shall be kept separate and  
apart from all funds and monies of the licensee. Interest and dividends earned on resident  
funds shall be credited to the resident. Payments for care for the current month may be  
used by the licensee for operating expenses.  
(6) Except for bank accounts, a licensee shall not accept resident funds of more than  
$200.00 for any resident of the home after receiving payment of charges owed.  
(7) A resident shall have access to and use of personal funds that belong to him  
or her in reasonable amounts, including immediate access to not less than $20.00 of his  
or her personal funds. A resident shall receive up to his or her full amount of  
personal funds at a time designated by the resident, but not more than 5 days after the  
request for the funds. Exceptions to this requirement shall be subject to the  
provisions of the resident's assessment plan and the plan of services.  
(8) All resident fund transactions shall require the signature of the resident or the  
resident's designated representative and the licensee or prior written approval from the  
resident or the resident's designated representative.  
(9) A resident's account shall be individual to the resident. A licensee shall be  
prohibited from having any ownership interest in a resident's account and shall verify  
such in a written statement to the resident or the resident's designated representative.  
(10) A licensee, administrator, direct care staff, other employees, volunteers  
under the direction of the licensee, and members of their families shall not accept,  
take, or borrow money or valuables from a resident, even with the consent of the  
(11) A licensee shall obtain prior written approval from a resident and his or her  
designated representative before charges are made to a resident's account.  
(12) Charges against the resident's account shall not exceed the agreed price for the  
services rendered and goods furnished or made available by the home to the resident.  
(13) A licensee shall provide a complete accounting, on an annual basis and upon  
request, of all resident funds and valuables which are held in trust and in bank accounts  
or which are paid to the home, to the resident, or to his or her designated representative.  
The accounting of a resident's funds and valuables which are held in trust or which are  
paid to the home shall also be provided, upon the resident's or designated representative's  
request, not more than 5 banking days after the request and at the time of the resident's  
discharge from the home.  
(14) A licensee shall have a written refund agreement with the resident or his or her  
designated representative. The agreement shall state under what conditions a refund of  
the unused portion of the monthly charge that is paid to the home shall be returned to  
Page 23  
the resident or his or her designated representative. The refund agreement shall  
provide for, at a minimum, refunds under any of the following conditions:  
(a) When an emergency discharge from the home occurs as described in R  
(b) When a resident has been determined to be at risk pursuant to the provisions of  
sections 11 and 11a to 11f of Act No. 280 of the Public Acts of 1939, as amended, being  
SS400.11 and 400.11a to 400.11f of the Michigan Compiled Laws.  
(c) When a resident has been determined to be at risk due to substantial  
noncompliance with these licensing rules which results in the department taking action  
to issue a provisional license or to revoke or summarily suspend, or refuse to renew, a  
license and the resident relocates. The amount of the monthly charge that is returned to  
the resident shall be based upon the written refund agreement and shall be prorated  
based on the number of days that the resident lived in the home during that month.  
(15) Personal property and belongings that are left at the home after the death of a  
resident shall be inventoried and stored by the licensee. A licensee shall notify the  
resident's designated representative, by registered mail, of the existence of the  
property and belongings and request disposition. Personal property and belongings  
that remain unclaimed, or for which arrangements have not been made, may be  
disposed of by the licensee after 30 days from the date that written notification is sent to  
the designated representative.  
(16) Personal property and belongings that are left at the home after discharge  
shall be inventoried and stored by the licensee. The resident and designated  
representative shall be notified by the licensee, by registered mail, of the existence of  
property and belongings. Personal property and belongings that remain unclaimed, or  
for which arrangements have not been made, may be disposed of by the licensee after 30  
days from the date that written notification is sent to the resident and the designated  
History: 1994 AACS.  
R 400.15316 Resident records.  
Rule 316. (1) A licensee shall complete, and maintain in the home, a separate  
record for each resident and shall provide record information as required by the  
department. A resident record shall include, at a minimum, all of the following  
(a) Identifying information, including, at a minimum, all of the following:  
(i) Name.  
(ii) Social security number, date of birth, case number, and marital status.  
(iii) Former address.  
(iv) Name, address, and telephone number of the next of kin or the designated  
(v) Name, address, and telephone number of the person and agency responsible  
for the resident's placement in the home.  
(vi) Name, address, and telephone number of the preferred physician and hospital.  
(vii) Medical insurance.  
(viii) Funeral provisions and preferences.  
Page 24  
(ix) Resident's religious preference information.  
(b) Date of admission.  
(c) Date of discharge and the place to which the resident was discharged.  
(d) Health care information, including all of the following:  
(i) Health care appraisals.  
(ii) Medication logs.  
(iii) Statements and instructions for supervising prescribed medication, including  
dietary supplements and individual special medical procedures.  
(iv) A record of physician contacts.  
(v) Instructions for emergency care and advanced medical directives.  
(e) Resident care agreement.  
(f) Assessment plan.  
(g) Weight record.  
(h) Incident reports and accident records.  
(i) Resident funds and valuables record and resident refund agreement.  
(j) Resident grievances and complaints.  
(2) Resident records shall be kept on file in the home for 2 years after the date of a  
resident's discharge from a home.  
History: 1994 AACS.  
R 400.15317 Resident recreation.  
Rule 317. (1) A licensee shall make reasonable provision for a varied supply of  
leisure and recreational equipment and activities that are appropriate to the number,  
care, needs, age, and interests of the residents.  
(2) Leisure and recreational equipment shall be safe, clean, in good repair, and  
easily accessible.  
(3) Equipment and materials shall encourage and reinforce all of the following:  
(a) Social interaction.  
(b) Further growth through firsthand experiences.  
(c) Social graces.  
(d) Productive utilization of leisure time.  
History: 1994 AACS.  
Emergency preparedness; evacuation plan; emergency  
Rule 318. (1) A licensee shall have a written emergency procedure and evacuation  
plan to be followed in case of fire, medical, or severe weather emergencies. The  
evacuation plan shall be prominently posted in the home. Residents who require special  
assistance shall be identified in the written procedure.  
(2) An evacuation plan shall, at a minimum, include a floor plan that specifies the  
locations of evacuation routes and the exiting route to be followed in case of fire.  
Page 25  
(3) A telephone shall be available and accessible in a home. Emergency telephone  
numbers shall, at a minimum, include fire, police, and medical emergency services and  
shall be conspicuously posted immediately adjacent to telephones.  
(4) A licensee shall ensure that residents, all employees, volunteers under the  
direction of the licensee, and members of the household are familiar with emergency  
and evacuation procedures.  
(5) A licensee shall practice emergency and evacuation procedures during daytime,  
evening, and sleeping hours at least once per quarter. A record of the practices shall be  
maintained and be available for department review.  
(6) A licensee shall assure emergency transportation through the use of a  
recognized available community service or vehicle that is owned by the licensee,  
administrator, or direct care staff on duty.  
History: 1994 AACS.  
R 400.15319 Resident transportation.  
Rule 319. When a home provides transportation for a resident, the licensee shall  
assure all of the following:  
(a) That a vehicle is in good operating condition.  
(b) That a vehicle carries a basic first aid kit.  
(c) That residents who are transported by truck ride only in the cab.  
(d) That a vehicle operator has a valid driver's license. A licensee who uses a motor  
vehicle with a manufacturer's rated seating capacity of 16 or more persons shall comply  
with the provisions of section 715a of Act No. 300 of the Public Acts of 1949, as  
amended, being S257.715a of the Michigan Compiled Laws.  
History: 1994 AACS.  
R 400.15401 Environmental health.  
Rule 401. (1) Private water systems shall be in compliance with R 325.10101 et  
seq. of the Michigan Administrative Code. A bacteriological report confirming water  
quality shall be required during the initial inspection and every 2 years thereafter.  
Group homes that use a community-approved water system need not be in  
compliance with this requirement.  
(2) Hot and cold running water that is under pressure shall be provided. A licensee  
shall maintain the hot water temperature for a resident's use at a range of 105 degrees  
Fahrenheit to 120 degrees Fahrenheit at the faucet.  
(3) All sewage shall be disposed of in a public sewer system or, in the absence  
thereof, in a manner that is approved by the health authority.  
(4) All garbage and rubbish that contains food wastes shall be kept in leakproof,  
nonabsorbent containers. The containers shall be kept covered with tight-fitting lids and  
shall be removed from the home daily and from the premises at least weekly.  
Page 26  
(5) An insect, rodent, or pest control program shall be maintained as necessary and  
shall be carried out in a manner that continually protects the health of residents.  
(6) Poisons, caustics, and other dangerous materials shall be stored and safeguarded  
in nonresident areas and in non-food preparation storage areas.  
(7) Each habitable room shall have direct outside ventilation by means of windows,  
louvers, air-conditioning, or mechanical ventilation. During fly season, from April to  
November, each door, openable window, or other opening to the outside that is used for  
ventilation purposes shall be supplied with a standard screen of not less than 16 mesh.  
(8) Hand-washing facilities that are provided in both the kitchen and bathroom  
areas shall include hot and cold water, soap, and individual towels, preferably paper  
(9) When a resident is discharged, his or her room and its contents shall be  
thoroughly cleaned. Blankets and spreads shall be sanitized.  
History: 1994 AACS.  
R 400.15402 Food service.  
Rule 402. (1) All food shall be from sources that are approved or considered  
satisfactory by the department and shall be safe for human consumption, clean,  
wholesome and free from spoilage, adulteration, and misbranding.  
(2) All food shall be protected from contamination while being stored, prepared, or  
served and during transportation to a facility.  
(3) All perishable food shall be stored at temperatures that will protect against  
spoilage. All potentially hazardous food shall be kept at safe temperatures. This means  
that all cold foods are to be kept cold, 40 degrees Fahrenheit or below, and that all hot  
foods are to be kept hot, 140 degrees Fahrenheit or above, except during periods that  
are necessary for preparation and service. Refrigerators and freezers shall be equipped  
with approved thermometers.  
(4) All food service equipment and utensils shall be constructed of material that  
is nontoxic, easily cleaned, and maintained in good repair. All food services equipment  
and eating and drinking utensils shall be thoroughly cleaned after each use.  
(5) A home shall be properly equipped as required by the health authority, to  
prepare and serve adequate meals.  
(6) Household and cooking appliances shall be properly installed according to  
the manufacturer's recommended safety practices. Where metal hoods or canopies are  
provided, they shall be equipped with filters. The filters shall be maintained in an  
efficient condition and kept clean at all times. All food preparation surfaces and areas  
shall be kept clean and in good repair.  
History: 1994 AACS.  
R 400.15403 Maintenance of premises.  
Rule 403. (1) A home shall be constructed, arranged, and maintained to provide  
adequately for the health, safety, and well-being of occupants.  
Page 27  
(2) Home furnishings and housekeeping standards shall present a comfortable,  
clean, and orderly appearance.  
(3) All living, sleeping, hallway, storage, bathroom, and kitchen areas shall be well  
lighted and ventilated.  
(4) A roof, exterior walls, doors, skylights, and windows shall be weathertight  
and watertight and shall be kept in sound condition and good repair.  
(5) Floors, walls, and ceilings shall be finished so as to be easily cleanable and  
shall be kept clean and in good repair.  
(6) All plumbing fixtures and water and waste pipes shall be properly installed and  
maintained in good working condition. Each water heater shall be equipped with a  
thermostatic temperature control and a pressure relief valve, both of which shall be in  
good working condition.  
(7) All water closet compartments, bathrooms, and kitchen floor surfaces shall be  
constructed and maintained so as to be reasonably impervious to water and to permit the  
floor to be easily kept in a clean condition.  
(8) Stairways shall have sturdy and securely fastened handrails. The handrails  
shall be not less than 30, nor more than 34, inches above the upper surface of the tread.  
All exterior and interior stairways and ramps shall have handrails on the open sides. All  
porches and decks that are 8 inches or more above grade shall also have handrails on the  
open sides.  
(9) Stairway risers and treads shall be a uniform and consistent size. Stairways that  
form a part of a required means of egress shall change direction at landings only.  
(10) Scatter or throw rugs on hard finished floors shall have a nonskid backing.  
(11) Handrails and nonskid surfacing shall be installed in showers and bath areas.  
(12) Sidewalks, fire escape routes, and entrances shall be kept reasonably free  
of hazards, such as ice, snow, and debris.  
(13) A yard area shall be kept reasonably free from all hazards, nuisances,  
refuse, and litter.  
(14) Hot water pipes and steam radiators that are located in resident occupied areas  
shall be shielded to protect against burns.  
(15) A written report shall be made to the adult foster care licensing division of the  
department, the resident's designated representative, and the responsible agency within  
48 hours, excluding holidays and weekends, of the occurrence of any fire and property  
damage of more than $5,000.00.  
History: 1994 AACS.  
R 400.15404 Laundry.  
Rule 404. A home shall make adequate provision for the laundering of a resident's  
personal laundry.  
History: 1994 AACS.  
R 400.15405 Living space.  
Page 28  
Rule 405. (1) A licensee shall provide, per occupant, not less than 35 square feet of  
indoor living space, exclusive of bathrooms, storage areas, hallways, kitchens, and  
sleeping areas.  
(2) A resident shall be provided with reasonable storage space for storing his or  
her personal belongings.  
(3) Living, dining, bathroom, and sleeping areas used by residents who have  
impaired mobility shall be accessible and located on the street floor level of the home that  
contains the required means of egress.  
(4) A resident shall not be housed above a second floor of a 3-story residence.  
This subrule shall not apply to those licensees who were approved to house residents  
above the second floor of a 3-story residence, who were licensed on the effective date of  
these rules, and whose license has been in continuous effect.  
(5) Where there is a change of ownership or a change in licensee for those  
licensees and homes that were licensed on the effective date of these rules and whose  
licenses have been in continuous effect, use of living space above the second floor of  
a 3-story residence shall be allowed to continue without interruption when all of  
the following conditions have been met:  
(a) The resident or his or her designated representative has agreed, in writing, to  
continue to reside above the second floor of the 3-story residence.  
(b) The home is in compliance with all applicable state fire safety and  
environmental health standards.  
(c) The licensee meets all applicable staffing requirements as set forth in R  
(d) The licensee is in compliance with the emergency preparedness provisions  
as required in these rules.  
(6) The living, dining, bathroom, and sleeping areas for residents shall be contained  
within the home.  
(7) A group home shall provide 1 or more multipurpose areas of adequate size for  
training, recreation, family-style dining and other diversional and social activities.  
(8) A home shall have dining space that can accommodate all residents of the home  
at the same time.  
(9) The provisions of subrule (1) of this rule shall not apply to those licensees who  
are licensed on the effective date of these rules and whose licenses have been in  
continuous effect. A variance that is granted pursuant to the provisions of this rule is  
not transferable from one licensee to another.  
History: 1994 AACS.  
R 400.15406 Room temperature.  
Rule 406. All resident-occupied rooms of a home shall be heated at a temperature  
range between 68 and 72 degrees Fahrenheit during non-sleeping hours. Precautions shall  
be taken to prevent prolonged resident exposure to stale, noncirculating air that is at a  
temperature of 90 degrees Fahrenheit or above. Variations from the requirements of this  
rule shall be based upon a resident's health care appraisal and shall be addressed in the  
resident's written assessment plan. The resident care agreement shall address the  
Page 29  
resident's preferences for variations from the temperatures and requirements specified  
in this rule.  
History: 1994 AACS.  
R 400.15407 Bathrooms.  
Rule 407. (1) Bathrooms and toilet facilities that do not have windows shall have  
forced ventilation to the outside. Bathroom windows that are used for ventilation shall  
open easily.  
(2) Toilets, bathtubs, and showers shall provide for individual privacy.  
(3) Bathrooms shall have doors. Only positive-latching, non-locking-  
against-egress hardware may be used. Hooks and eyes, bolts, bars, and other similar  
devices shall not be used on bathroom doors.  
(4) A home shall have a minimum of 1 toilet, 1 lavatory, and 1 bathing facility for  
every 8 occupants of the home.  
(5) At least 1 toilet and 1 lavatory that are available for resident use shall be  
provided on each floor that has resident bedrooms.  
(6) At least 1 bathing facility that is available for resident use shall be provided on  
each floor that has resident bedrooms.  
(7) The provisions of subrule (6) of this rule shall not apply to those licensees who  
are licensed on the effective date of these rules and whose licenses have been in  
continuous effect.  
History: 1994 AACS.  
R 400.15408 Bedrooms generally.  
Rule 408. (1) A room shall not be used as a resident bedroom if more than 1/2 of  
the room height is below grade, except where the ceiling of such portion of a building is  
located 5 feet or more above grade for more than 25% of the perimeter measurement of  
the building. Such acceptable bedrooms shall be provided 2 acceptable means of egress.  
(2) A living room, dining room, hallway, or other room that is not ordinarily  
used for sleeping or a room that contains a required means of egress shall not be used  
for sleeping purposes by anyone.  
(3) Bedrooms for residents shall be separated from halls, corridors, and other rooms  
by floor-to-ceiling walls that do not have openings, except for doorways.  
(4) Interior doorways of bedrooms that are occupied by residents shall be equipped  
with a side-hinged, permanently mounted door that is equipped with positive-latching,  
non-locking-against-egress hardware.  
(5) Traffic to and from any room shall not be through a resident bedroom.  
(6) For 2 adjoining rooms to be considered as 1 bedroom, there shall be a 7-foot  
horizontal opening between the rooms.  
(7) Bedrooms shall have at least 1 easily openable window.  
(8) Residents of the opposite sex shall not occupy the same bedroom for sleeping  
purposes, unless they are husband and wife.  
(9) A resident who has impaired mobility shall not sleep in or be assigned a  
bedroom that is located above the street floor of the home.  
Page 30  
History: 1994 AACS.  
R 400.15409 Bedroom space; "usable floor space" defined.  
Rule 409. (1) As used in this rule, "usable floor space" means floor space that is  
under a ceiling which is not less than 6 feet, 6 inches in height, excluding closets and  
space that is under a portable wardrobe. When determining usable floor space, an  
alcove or any other part of the room that does not have at least a 7-foot horizontal  
dimension shall be excluded.  
(2) A single occupancy bedroom shall have not less than 80 square feet of usable  
floor space.  
(3) A multioccupancy resident bedroom shall have not less than 65 square feet of  
usable floor space per bed.  
(4) A maximum of 2 beds shall be allowed in any multioccupancy bedroom, except  
as provided in subrule (5) of this rule.  
(5) A maximum of 4 beds shall be allowed in any multioccupancy bedroom for  
those licensees and homes that were licensed on the effective date of these rules and that  
have had licenses in continuous effect.  
(6) Where there is a change of ownership or a change in licensee for those  
licensees and homes that were licensed on the effective date of these rules and whose  
licenses have been in continuous effect, a maximum 4 beds shall be allowed in any  
multioccupancy bedroom when all of the following conditions have been met:  
(a) The resident or his or her designated representative has agreed, in writing, to  
continue to reside in the multioccupancy room.  
(b) The home is in compliance with all applicable state fire safety and  
environmental health standards.  
(c) The multioccupancy bedroom provides not less than 70 square feet (65 square  
feet for homes licensed on or before December 31, 1976) of usable floor space per bed.  
"Usable floor space" means the floor space under a ceiling that is not less than 6 feet 6  
inches in height.  
(d) The licensee has made provision for individual privacy as required in these  
(7) There shall not be less than a 3-foot clearance between beds in  
multioccupancy bedroom.  
History: 1994 AACS.  
R 400.15410 Bedroom furnishings.  
Rule 410. (1) The bedroom furnishings in each bedroom shall include all of the  
(a) An adequate closet or wardrobe.  
(b) Lighting that is sufficient for reading and other resident activities.  
(c) A bureau or dresser or equivalent.  
(d) At least 1 chair.  
(2) A resident bedroom shall be equipped with a mirror that is appropriate for  
Page 31  
(3) Provision shall be made for a resident to mount or hang pictures or decorative  
items on his or her bedroom walls.  
(4) All of the following shall not be used by residents for sleeping:  
(a) Roll-a-way beds.  
(b) Cots.  
(c) Double-deck beds.  
(d) Stacked bunks.  
(e) Hide-a-beds.  
(f) Daybeds.  
(5) A licensee shall provide a resident with a bed that is not less than 36 inches wide  
and not less than 72 inches long. The foundation shall be clean, in good condition, and  
provide adequate support. The mattress shall be clean, comfortable, in good condition,  
well protected, and not less than 5 inches thick or 4 inches thick if made of synthetic  
materials. The use of a water bed is not prohibited by this rule.  
History: 1994 AACS.  
R 400.15411 Linens.  
Rule 411. (1) A licensee shall provide clean bedding that is in good condition.  
The bedding shall include 2 sheets, a pillow case, a minimum of 1 blanket, and a  
bedspread for each bed. Bed linens shall be changed and laundered at least once a week  
or more often if soiled.  
(2) A licensee shall provide at least 1 standard bed pillow that is comfortable,  
clean, and in good condition for each resident bed.  
(3) A licensee shall provide bath towels and washcloths. Towels and washcloths  
shall be changed and laundered not less than twice weekly or more often if soiled.  
History: 1994 AACS.  
Page 32